Marthandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.14107 of 2015 MARTHANDAN ... PETITIONER(S) / ACCUSED RANK NOT KNOWN Vs STATE REP BY:: THE INSPECTOR OF POLICE PUZHUTHIPATTI POLICE STATION, SIVAGANGAI DT, CRIME NO.62/2015 ... RESPONDENT(S) / COMPLAINANT For Petitioner : M/S.A.BALAMURUGAN Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 342, 364(A), 368 and 397 of the Indian Penal Code in Crime No.62 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the de-facto complainant viz., Chandrasekaran, the petitioner along with other accused kidnapped him and also taken away 30 sovereigns of jewels, cash of Rs.5 lakhs and also a Car.

3. The learned counsel for the petitioner submitted that already co-accused 1 to 3 were released on bail by the District Court and the fifth petitioner was released on anticipatory bail in Crl.O.P(MD)No.12170 of 2015 by this Court and the petitioner is an innocent person and he has been falsely implicated in this case.

4. Heard the learned Government Advocate (Criminal Side) appearing for the respondent.

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5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Thiruppathur and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 06.00 p.m., until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 24/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE TIRUPATHUR SIVAGANGAI DIST 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE PUZHUTHIPATTI POLICE STATION, SIVAGANGAI DT, +1. CC to M/S.A.BALAMURUGAN Advocate SR.No.41401 DM 29 7 15 - 2P 6C

ORDER

IN CRL OP(MD) No.14107 of 2015 Date :24/07/2015 https://hcservices.ecourts.gov.in/hcservices/